Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.

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Nevada has its own version of California's "Three Strikes" law. Being found guilty of a felony in Las Vegas when you already have two felony convictions may land you in prison for life.

Our Las Vegas criminal defense attorneys have decades of experience in fighting for "not guilty' verdicts and lesser charges so our clients avoid Nevada's "habitual offender" penalties. Scroll down to learn more about the law and how we can help.

Nevada "Three Strikes" Law

Getting convicted of a third or subsequent felony is its own separate crime in Las Vegas. It carries very harsh prison sentences that the defendant may serve in addition to penalties for the underlying felony.

There are three different classes of habitual offenders in Nevada with their own procedures and penalties:

Habitual Felons,

Habitual Fraudulent Felons, and

Habitual Criminals.

Habitual Felons in Las Vegas, NV (NRS 207.012):

This class of habitual offender applies only to people who've been convicted of three of the following serious felonies:

murder

poisoning with intent to kill

perjuring yourself in order to have an innocent person executed

killing the person you're dueling with

soliciting someone to commit a murder, kidnapping, or arson

rape

kidnapping (including aiding or abetting)

robbery

burglary with explosives

invasion of a home with a deadly weapon

first-degree arson

battery with intent to commit rape

false imprisonment by a prisoner

involuntary servitude

racketeering

human trafficking

permitting a child under 14 to undergo sexual abuse resulting in substantial bodily harm in Nevada

permitting a child under 14 to undergo child abuse if you've been previously convicted of similar conduct

making child pornography

promoting a minor to do child pornography

lewdness with a child under 14

having sex with a corpse

poisoning food, water or medicine

transportation or receipt of explosives for unlawful purposes if substantial bodily harm in Nevada results

a second (or subsequent) offense of using or possessing explosives during the commission of a felony

use of explosives to damage or destroy property if substantial bodily harm results

escaping prison by using a weapon or hostages or by causing substantial bodily harm

allowing a child to be present during drug crimes (not counting marijuana)

Anyone who's been convicted of any three felonies may be prosecuted as a habitual criminal in Las Vegas. It's the most frequently prosecuted repeat-offender crime precisely because it's not limited to the most serious felonies (like habitual felon) or fraud-related felonies (like habitual fraudulent felon).

The Nevada crime of habitual criminality is divided into two separate sub-crimes. Which one the D.A. pursues depends on the defendant's criminal record:

If a defendant gets convicted of a felony and he/she's previously been convicted of two other felonies, it's a category B felony in Nevada punishable by 5 to 20 years in prison. But if the defendant has three previous felonies, then it's a category A felony in Nevada carrying:

life in prison without the possibility of parole, or

life in prison with the possibility of parole after 10 years, or

25 years in prison with the possibility of parole after 10 years

The slang for these two sub-crimes is "small bitch" and "big bitch" (the word bitch is from the second syllable of habitual). As you might guess, "small bitch" is when a defendant convicted of a felony has two previous felonies, and "big bitch" is the when the defendant has three.

How Nevada habitual offender laws work

When a defendant who's previously been convicted of two or more felonies faces a new felony charge, the D.A. may do one of two things:

The D.A. may charge the defendant with the appropriate habitual offender crime alongside the current felony charge. Then if the felony charge is ultimately dropped or the defendant gets acquitted, the habitual offender charge would be dropped as well; or

The D.A. can wait to see if the defendant gets convicted of the current felony. If so, the D.A. can then file separate habitual offender charges.

If the defendant is ultimately convicted of the felony but denies being a repeat offender, the court will then hold a hearing on the matter. (If the D.A. waited to file habitual offender charges until after the defendant was convicted in the current felony case, then the hearing can't be held until at least 15 days after the filing.)

Two points to note:

The D.A. has the discretion never to file "habitual criminal" charges, and the judge has the discretion to dismiss the charges if the D.A does file them. But if the D.A. pursues habitual felon charges or habitual fraudulent felon charges, the judge does not have the discretion to dismiss those charges.

If the D.A. agrees to a plea bargain where no repeat offender charges are filed, the court may on its own impose the charge anyway and adjudicate the defendant guilty.

Also note that federal law has its own three strikes law, and that people may be sentenced under it even if their first two "strikes" were in Nevada state court. To learn more about the federal "three strikes" law, go to our article on the federal "three strikes" law.

Facing charges? Call us . . . .

If you're facing a third felony charge in Nevada, call our Las Vegas criminal defense lawyers at 702-DEFENSE (702-333-3673). We may be able to get your charge lowered to a misdemeanor or dropped completely so you don't face Las Vegas's three strikes laws.

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